
Business Law 13th Edition by Frank Cross, Kenneth Clarkson, Roger LeRoy Miller
Edition 13ISBN: 978-1133046783
Business Law 13th Edition by Frank Cross, Kenneth Clarkson, Roger LeRoy Miller
Edition 13ISBN: 978-1133046783 Exercise 11
A Question of Ethics: The Parol Evidence Rule.
Robert Shelborne asked attorney William Williams to represent him in a deal with Robert Tundy. Shelborne expected to receive $31 million and agreed to pay Williams a fee of $1 million. Tundy said that a tax of $100,000 would have to be paid for Shelborne to receive the $31 million. Shelborne asked James Parker to loan him $50,000. Parker, Shelborne, and Williams wired the funds to Tundy. They never heard from him again. No $31 million was transferred. Shelborne then disappeared. Parker filed a suit against Williams, alleging breach of contract. Parker offered as evidence a recording of a phone conversation in which Williams guaranteed Shelborne's loan. [ Parker v. Williams, 977 So.2d 476 (Ala. 2007)] (See page 314.)
(a) Is the court likely to rule in Parker's favor on the contract claim? Why or why not? Does Williams have a defense under the Statute of Frauds?
(b) The sham deal at the center of this case is known to law enforcement authorities as advance fee fraud, or a "419 scam." The victim is promised a transfer of funds from an overpaid contract, or some other suspect source, but is asked to pay a tax or other fee first. Among the parties in this case, who, if anyone, behaved ethically? Discuss.
![A Question of Ethics: The Parol Evidence Rule. Robert Shelborne asked attorney William Williams to represent him in a deal with Robert Tundy. Shelborne expected to receive $31 million and agreed to pay Williams a fee of $1 million. Tundy said that a tax of $100,000 would have to be paid for Shelborne to receive the $31 million. Shelborne asked James Parker to loan him $50,000. Parker, Shelborne, and Williams wired the funds to Tundy. They never heard from him again. No $31 million was transferred. Shelborne then disappeared. Parker filed a suit against Williams, alleging breach of contract. Parker offered as evidence a recording of a phone conversation in which Williams guaranteed Shelborne's loan. [ Parker v. Williams, 977 So.2d 476 (Ala. 2007)] (See page 314.) (a) Is the court likely to rule in Parker's favor on the contract claim? Why or why not? Does Williams have a defense under the Statute of Frauds? (b) The sham deal at the center of this case is known to law enforcement authorities as advance fee fraud, or a 419 scam. The victim is promised a transfer of funds from an overpaid contract, or some other suspect source, but is asked to pay a tax or other fee first. Among the parties in this case, who, if anyone, behaved ethically? Discuss.](https://storage.examlex.com/SM2127/11eb99e8_2d56_12e0_886f_1901dcd74655_SM2127_00.jpg)
Robert Shelborne asked attorney William Williams to represent him in a deal with Robert Tundy. Shelborne expected to receive $31 million and agreed to pay Williams a fee of $1 million. Tundy said that a tax of $100,000 would have to be paid for Shelborne to receive the $31 million. Shelborne asked James Parker to loan him $50,000. Parker, Shelborne, and Williams wired the funds to Tundy. They never heard from him again. No $31 million was transferred. Shelborne then disappeared. Parker filed a suit against Williams, alleging breach of contract. Parker offered as evidence a recording of a phone conversation in which Williams guaranteed Shelborne's loan. [ Parker v. Williams, 977 So.2d 476 (Ala. 2007)] (See page 314.)
(a) Is the court likely to rule in Parker's favor on the contract claim? Why or why not? Does Williams have a defense under the Statute of Frauds?
(b) The sham deal at the center of this case is known to law enforcement authorities as advance fee fraud, or a "419 scam." The victim is promised a transfer of funds from an overpaid contract, or some other suspect source, but is asked to pay a tax or other fee first. Among the parties in this case, who, if anyone, behaved ethically? Discuss.
Explanation
a.
Yes, the court will likely to rule in...
Business Law 13th Edition by Frank Cross, Kenneth Clarkson, Roger LeRoy Miller
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